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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of professional charter academies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The purpose of this Act is to increase efficiency |
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by providing highly qualified education professionals an |
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opportunity to: |
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(1) operate an educational institution and function |
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independently; |
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(2) have access to property rights and the rewards |
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inherent in those rights that are similar to those rights and |
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rewards available to other professionals; and |
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(3) innovate and create educational programs tailored |
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specifically to the students enrolled in a professional charter |
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academy. |
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SECTION 2. Chapter 12, Education Code, is amended by adding |
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Subchapter F to read as follows: |
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SUBCHAPTER F. PROFESSIONAL CHARTER ACADEMY PROGRAM |
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Sec. 12.201. PROFESSIONAL CHARTER ACADEMY PROGRAM; RULES. |
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(a) The comptroller, in coordination with the commissioner, shall |
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establish a professional charter academy program under which |
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eligible education professionals are authorized to create and |
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operate a professional charter academy in accordance with this |
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subchapter. |
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(b) The comptroller, in coordination with the commissioner, |
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shall adopt rules to administer this subchapter. The rules must |
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include provisions relating to prevention of fraud and abuse in |
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financial transactions under the professional charter academy |
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program. |
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Sec. 12.202. ELIGIBLE EDUCATION PROFESSIONALS. (a) To be |
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eligible to operate a professional charter academy under this |
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subchapter, an education professional must: |
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(1) have at least three years of classroom teaching |
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experience; |
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(2) have been rated as proficient or higher for at |
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least three years under the evaluation system used to evaluate the |
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professional; or |
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(3) have served as the principal of a school for at |
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least three years. |
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(b) A professional charter academy must be operated by at |
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least one eligible education professional and be formed as a |
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corporation governed under Title 2, Business Organizations Code. |
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Sec. 12.203. APPLICATION OF LAWS. A professional charter |
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academy is subject only to federal and state laws applicable to |
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schools accredited by an organization that is monitored and |
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approved by the Texas Private School Accreditation Commission. A |
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professional charter academy is not subject to state law applicable |
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to charter schools authorized by law other than this subchapter. |
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Sec. 12.204. INITIAL FUNDING. An education professional |
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eligible under Section 12.202 is responsible for securing initial |
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capital from sources other than public funding for the |
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establishment of a professional charter academy. The comptroller |
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may not provide any public or state funding to an eligible education |
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professional operating a professional charter academy during the |
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first 12 months of operation of the academy. |
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Sec. 12.205. GRANTING OF CHARTER. The comptroller shall |
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grant a charter to operate a professional charter academy to an |
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education professional eligible under Section 12.202 if the |
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professional provides to the comptroller: |
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(1) a viable business plan; |
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(2) proof of financial ability to fund 12 months of the |
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academy's anticipated operation expenses, presented in the form of |
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a bank letter of credit or other acceptable financial guarantee; |
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and |
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(3) demonstration of parental and community interest |
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in the establishment of a professional charter academy. |
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Sec. 12.206. PUBLIC FUNDING. (a) Funding under this |
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section may only be provided for a school year after the first full |
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school year in which a professional charter academy is in |
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operation. |
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(b) For each school year after the first school year in |
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which a professional charter academy is in operation, the |
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comptroller shall provide to a student who will attend the academy |
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or the student's parent an amount equal to the average state funding |
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per student received by open-enrollment charter schools under |
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Subchapter D during the preceding school year. The student or the |
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student's parent may assign the funding received under this section |
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to the academy the student attends. The comptroller may adjust the |
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amount provided in accordance with the student's period of actual |
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enrollment in the academy during the school year. |
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(c) The comptroller shall provide the funding under |
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Subsection (b) to the student, to the student's parent, or, if the |
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funding has been assigned to the professional charter academy, to |
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the academy, not later than the 90th day after the date the |
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comptroller receives enrollment data reports from the academy at |
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the end of each school year for which the academy is eligible for |
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funding under this section. |
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(d) Federal funds and money from the available school fund |
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may not be used to make payments under this subchapter. |
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Sec. 12.207. ADMINISTRATIVE COSTS. (a) Notwithstanding |
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Section 12.206(b), the comptroller may deduct a percentage of each |
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payment provided under that subsection to cover the comptroller's |
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costs in implementing and administering the program. The |
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percentage deducted from each payment may not exceed the lesser of: |
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(1) the pro rata cost of the program in the applicable |
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year; or |
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(2) two percent of the amount of each payment. |
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(b) This section expires September 1, 2033. |
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SECTION 3. (a) The constitutionality and other validity |
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under the state or federal constitution of all or any part of |
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Subchapter F, Chapter 12, Education Code, as added by this Act, may |
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be determined in an action for declaratory judgment in a district |
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court in Travis County under Chapter 37, Civil Practice and |
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Remedies Code, except that this section does not authorize an award |
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of attorney's fees against this state and Section 37.009, Civil |
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Practice and Remedies Code, does not apply to an action filed under |
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this section. |
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(b) An appeal of a declaratory judgment or order, however |
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characterized, of a district court, including an appeal of the |
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judgment of an appellate court, holding or otherwise determining |
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that all or any part of Subchapter F, Chapter 12, Education Code, as |
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added by this Act, is constitutional or unconstitutional, or |
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otherwise valid or invalid, under the state or federal constitution |
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is an accelerated appeal. |
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(c) If the judgment or order is interlocutory, an |
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interlocutory appeal may be taken from the judgment or order and is |
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an accelerated appeal. |
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(d) A district court in Travis County may grant or deny a |
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temporary or otherwise interlocutory injunction or a permanent |
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injunction on the grounds of the constitutionality or |
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unconstitutionality, or other validity or invalidity, under the |
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state or federal constitution of all or any part of Subchapter F, |
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Chapter 12, Education Code, as added by this Act. |
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(e) There is a direct appeal to the Texas Supreme Court from |
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an order, however characterized, of a trial court granting or |
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denying a temporary or otherwise interlocutory injunction or a |
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permanent injunction on the grounds of the constitutionality or |
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unconstitutionality, or other validity or invalidity, under the |
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state or federal constitution of all or any part of Subchapter F, |
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Chapter 12, Education Code, as added by this Act. |
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(f) The direct appeal is an accelerated appeal. |
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(g) This section exercises the authority granted by Section |
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3-b, Article V, Texas Constitution. |
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(h) The filing of a direct appeal under this section will |
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automatically stay any temporary or otherwise interlocutory |
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injunction or permanent injunction granted in accordance with this |
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section pending final determination by the Texas Supreme Court, |
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unless the supreme court makes specific findings that the applicant |
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seeking such injunctive relief has pleaded and proved that: |
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(1) the applicant has a probable right to the relief it |
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seeks on final hearing; and |
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(2) the applicant will suffer a probable injury that |
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is imminent and irreparable, and that the applicant has no other |
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adequate legal remedy. |
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(i) An appeal under this section, including an |
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interlocutory, accelerated, or direct appeal, is governed, as |
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applicable, by the Texas Rules of Appellate Procedure, including |
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Rules 25.1(d)(6), 26.1(b), 28.1, 28.3, 32.1(g), 37.3(a)(1), |
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38.6(a) and (b), 40.1(b), and 49.4. |
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SECTION 4. As soon as practicable, but not later than |
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October 15, 2023, the comptroller of public accounts, in |
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coordination with the commissioner of education, shall establish |
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the professional charter academy program as required under |
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Subchapter F, Chapter 12, Education Code, as added by this Act. |
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SECTION 5. This Act takes effect September 1, 2023. |